Category Archives: Nexus

E.D.Va.: MJ in def’s car doesn’t, ipso facto, translate into PC he has drugs at his house nearby; GFE can’t apply

Defendant was stopped for failing to stop at a stop sign. When officers approached the car, “Officer Torrez saw a partially open bag, in plain view on the floor board, containing marijuana. This also provided the officers with probable cause … Continue reading

Posted in Good faith exception, Nexus, Probable cause | Comments Off on E.D.Va.: MJ in def’s car doesn’t, ipso facto, translate into PC he has drugs at his house nearby; GFE can’t apply

M.D.Tenn.: Single trash pull at a duplex with one trash container was still PC and nexus

A single trash pull that produced some evidence of limited possession at a duplex with one trash container was still probable cause with nexus to defendant. United States v. Hogan, 2020 U.S. Dist. LEXIS 30039 (M.D. Tenn. Feb. 21, 2020). … Continue reading

Posted in Nexus, Reasonable expectation of privacy | Comments Off on M.D.Tenn.: Single trash pull at a duplex with one trash container was still PC and nexus

D.Minn.: In a meth possession with intent case, a cell phone in the back seat with def was logically connected to the crime

In a meth distribution case, a cell phone found in the back seat is logically connected to the crime because officers know that co-conspirators communicate with each other on cell phones during the crime. United States v. Allery, 2020 U.S. … Continue reading

Posted in Nexus | Comments Off on D.Minn.: In a meth possession with intent case, a cell phone in the back seat with def was logically connected to the crime

D.N.M.: “Brady does not require the United States to disclose impeachment evidence before suppression hearings.”

“Brady does not require the United States to disclose impeachment evidence before suppression hearings.” United States v. Deleon, 2020 U.S. Dist. LEXIS 9688 (D.N.M. Jan. 21, 2020). Defendant’s motion to suppress for lack of nexus between defendant’s home and possession … Continue reading

Posted in Consent, Nexus | Comments Off on D.N.M.: “Brady does not require the United States to disclose impeachment evidence before suppression hearings.”

N.D.Ohio: Ongoing drug operation overcame staleness challenge

The 71-page affidavit for search warrant here did not go stale before issuance. There was plenty of information about an ongoing drug operation. Between then and when the officers decided to get a search warrant, the original information hadn’t gone … Continue reading

Posted in Nexus, Staleness | Comments Off on N.D.Ohio: Ongoing drug operation overcame staleness challenge

CA1: Govt showed nexus to house that drug dealers keep money, books, customer lists, and product there

The district court properly denied defendant’s motion to suppress because there was probable cause to issue the search warrant. It was likely that a drug dealer kept his money, books, and customer lists in a safe place like his residence, … Continue reading

Posted in Nexus, Standards of review | Comments Off on CA1: Govt showed nexus to house that drug dealers keep money, books, customer lists, and product there

DE: Slim inference for nexus wasn’t enough, and exclusionary rule applies

The affidavit for the search warrant creates only a slim inference at best, and no facts at all, showing a nexus to the place to be searched and the fraud crime under investigation. Therefore, the search warrant lacks probable cause … Continue reading

Posted in Good faith exception, Nexus, Tracking warrant | Comments Off on DE: Slim inference for nexus wasn’t enough, and exclusionary rule applies

DE: Just because criminals communicate by cell phone isn’t enough to show nexus

Defendant’s cell phone search was not based on a logical nexus between defendant’s cell phone and the murder. Just because criminals communicate by cell phone isn’t enough here. State v. Johnson, 2019 Del. Super. LEXIS 661 (Dec. 18, 2019):

Posted in Nexus | Comments Off on DE: Just because criminals communicate by cell phone isn’t enough to show nexus

MA: The fact co-conspirators coordinated in planning the crime was nexus to def’s cell phone

The state showed a nexus to defendant’s cell phone and the crime under investigation because the participants were coordinating with each other before hand. “We have no evidence that the purpose of the cell phone call between the defendant, when … Continue reading

Posted in Cell phones, Nexus, Seizure | Comments Off on MA: The fact co-conspirators coordinated in planning the crime was nexus to def’s cell phone

E.D.Tenn.: Facebook photo of def felon with a firearm apparently taken in a home justified a SW for his home

Defendant’s alleged threat on Facebook involving use of firearms, along with a picture of a firearm suggested it was in a home. The search warrant of defendant’s home was with probable cause. Defendant’s effort to “dissect” the affidavit paragraph by … Continue reading

Posted in Nexus, Probable cause, Qualified immunity | Comments Off on E.D.Tenn.: Facebook photo of def felon with a firearm apparently taken in a home justified a SW for his home

CA1 affirms suppression order; reforming affidavit after Franks hearing shows no nexus to def’s house

The affidavit for the search warrant, reformed after a Franks hearing, did not establish probable cause to search defendant’s home. The affidavit did not set forth facts showing defendant had a history of drug dealing to permit an inference that … Continue reading

Posted in Franks doctrine, Nexus | Comments Off on CA1 affirms suppression order; reforming affidavit after Franks hearing shows no nexus to def’s house

E.D.Mich.: Def’s giving false name justifies extending stop

Defendant’s giving a false name extended the stop and added to the reasonable suspicion to detain him after his true identity was discovered. United States v. Jackson, 2019 U.S. Dist. LEXIS 188225 (E.D. Mich. Oct. 30, 2019). The affidavit for … Continue reading

Posted in Good faith exception, Nexus, Reasonable suspicion, Staleness | Comments Off on E.D.Mich.: Def’s giving false name justifies extending stop